Exodus 21

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1“These are the laws you are to set before them:

2“If you buy a Hebrew servant, he is to serve you for six years. But in the seventh year, he shall go free, without paying anything.

3If he comes alone, he is to go free alone; but if he has a wife when he comes, she is to go with him.

4If his master gives him a wife and she bears him sons or daughters, the woman and her children shall belong to her master, and only the man shall go free.

5“But if the servant declares, ‘I love my master and my wife and children and do not want to go free,’

6then his master must take him before the judges. He shall take him to the door or the doorpost and pierce his ear with an awl. Then he will be his servant for life.

7“If a man sells his daughter as a servant, she is not to go free as menservants do.

8If she does not please the master who has selected her for himself, he must let her be redeemed. He has no right to sell her to foreigners, because he has broken faith with her.

9If he selects her for his son, he must grant her the rights of a daughter.

10If he marries another woman, he must not deprive the first one of her food, clothing and marital rights.

11If he does not provide her with these three things, she is to go free, without any payment of money.

12“Anyone who strikes a man and kills him shall surely be put to death.

13However, if he does not do it intentionally, but God lets it happen, he is to flee to a place I will designate.

14But if a man schemes and kills another man deliberately, take him away from my altar and put him to death.

15“Anyone who attacks his father or his mother must be put to death.

16“Anyone who kidnaps another and either sells him or still has him when he is caught must be put to death.

17“Anyone who curses his father or mother must be put to death.

18“If men quarrel and one hits the other with a stone or with his fist and he does not die but is confined to bed,

19the one who struck the blow will not be held responsible if the other gets up and walks around outside with his staff; however, he must pay the injured man for the loss of his time and see that he is completely healed.

20“If a man beats his male or female slave with a rod and the slave dies as a direct result, he must be punished,

21but he is not to be punished if the slave gets up after a day or two, since the slave is his property.

22“If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows.

23But if there is serious injury, you are to take life for life,

24eye for eye, tooth for tooth, hand for hand, foot for foot,

25burn for burn, wound for wound, bruise for bruise.

26“If a man hits a manservant or maidservant in the eye and destroys it, he must let the servant go free to compensate for the eye.

27And if he knocks out the tooth of a manservant or maidservant, he must let the servant go free to compensate for the tooth.

28“If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible.

29If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death.

30However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

31This law also applies if the bull gores a son or daughter.

32If the bull gores a male or female slave, the owner must pay thirty shekels of silver to the master of the slave, and the bull must be stoned.

33“If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it,

34the owner of the pit must pay for the loss; he must pay its owner, and the dead animal will be his.

35“If a man's bull injures the bull of another and it dies, they are to sell the live one and divide both the money and the dead animal equally.

36However, if it was known that the bull had the habit of goring, yet the owner did not keep it penned up, the owner must pay, animal for animal, and the dead animal will be his.

Commentary

CHAPTER 21Ex 21:1-6. Laws for Menservants.1. judgments—rules for regulating the procedure of judges and magistrates in the decision of cases and the trial of criminals. The government of the Israelites being a theocracy, those public authorities were the servants of the Divine Sovereign, and subject to His direction. Most of these laws here noticed were primitive usages, founded on principles of natural equity, and incorporated, with modifications and improvements, in the Mosaic code.

21:1 The first verse is the general title of the laws contained in this and the two following chapter s. Their government being purely a theocracy; that which in other states is to be settled by human prudence, was directed among them by a divine appointment. These laws are called judgments; because their magistrates were to give judgment according to them. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God, but now God gave him statutes in general, by which to determine particular cases. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves, and now they were become not only their own matters, but masters of servants too; lest they should abuse their servants as they themselves had been abused, provision was made for the mild and gentle usage of servants.

21:1-11 The laws in this chapter relate to the fifth and sixth commandments; and though they differ from our times and customs, nor are they binding on us, yet they explain the moral law, and the rules of natural justice. The servant, in the state of servitude, was an emblem of that state of bondage to sin, Satan, and the law, which man is brought into by robbing God of his glory, by the transgression of his precepts. Likewise in being made free, he was an emblem of that liberty wherewith Christ, the Son of God, makes free from bondage his people, who are free indeed; and made so freely, without money and without price, of free grace.

Chapter 21 The laws recorded in this chapter relate to the fifth and sixth commandments; and though they are not accommodated to our constitution, especially in point of servitude, nor are the penalties annexed binding on us, yet they are of great use for the explanation of the moral law, and the rules of natural justice. Here are several enlargements, I. Upon the fifth commandment, which concerns particular relations. 1. The duty of masters towards their servants, their men-servants (v. 2-6), and the maidservants (v. 7–11). 2. The punishment of disobedient children that strike their parents (v. 15), or curse them (v. 17). II. Upon the sixth commandment, which forbids all violence offered to the person of a man. Here is, 1. Concerning murder (v. 12–14). 2. Man-stealing (v. 16). 3. Assault and battery (v. 18, 19). 4. Correcting a servant (v. 20, 21). 5. Hurting a woman with child (v. 22, 23). 6. The law of retaliation (v. 24, 25). 7. Maiming a servant (v. 26, 27). 8. An ox goring (v. 28–32). 9. Damage by opening a pit (v. 33, 34). 10. Cattle fighting (v. 35, 36).Verses 1-11 The first verse is the general title of the laws contained in this and the two following chapters, some of them relating to the religious worship of God, but most of them relating to matters between man and man. Their government being purely a Theocracy, that which in other states is to be settled by human prudence was directed among them by a divine appointment, so that the constitution of their government was peculiarly adapted to make them happy. These laws are called judgments, because they are framed in infinite wisdom and equity, and because their magistrates were to give judgment according to the people. In the doubtful cases that had hitherto occurred, Moses had particularly enquired of God for them, as appeared, ch. 18:15; but now God gave him statutes in general by which to determine particular cases, which likewise he must apply to other like cases that might happen, which, falling under the same reason, fell under the same rule. He begins with the laws concerning servants, commanding mercy and moderation towards them. The Israelites had lately been servants themselves; and now that they had become, not only their own masters, but masters of servants too, lest they should abuse their servants, as they themselves had been abused and ruled with rigour by the Egyptian task-masters, provision was made by these laws for the mild and gentle usage of servants. Note, If those who have had power over us have been injurious to us this will not in the least excuse us if we be in like manner injurious to those who are under our power, but will rather aggravate our crime, because, in that case, we may the more easily put our souls into their soul’s stead. Here is,I. A law concerning men-servants, sold, either by themselves or their parents, through poverty, or by the judges, for their crimes; even those of the latter sort (if Hebrews) were to continue in slavery but seven years at the most, in which time it was taken for granted that they would sufficiently have smarted for their folly or offence. At the seven years’ end the servant should either go out free (v. 2, 3), or his servitude should thenceforward be his choice, v. 5, 6. If he had a wife given him by his master, and children, he might either leave them and go out free himself, or, if he had such a kindness for them that he would rather tarry with them in bondage than go out at liberty without them, he was to have his ear bored through to the doorpost and serve till the death of his master, or the year of jubilee.1. By this law God taught, (1.) The Hebrew servants generosity, and a noble love of liberty, for they were the Lord’s freemen; a mark of disgrace must be put upon him who refused liberty when he might have it, though he refused it upon considerations otherwise laudable enough.

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